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– Motor Vehicle Negligence – Rear end collision – Plaintiff alleged that defendant collided into rear of vehicle – Cervical and lumbar injuries – Damage to incision site from kidney donation.

Essex County, MA

In this motor vehicle negligence matter, the plaintiff alleged that the defendant was negligent in striking the rear of her stopped vehicle. As a result, the plaintiff alleged she suffered damages, including neck and back injuries and damage to a surgical incision site from recent surgery. The defendant denied the allegations and disputed the nature and extent of the plaintiff’s injuries and damages. The defendant maintained that the plaintiff was liable for causing the collision, and therefore, caused her own injuries and damages.

The female plaintiff, who had recently donated a kidney, was operating her vehicle on the date of the collision. She alleged that she was struck by the defendant’s vehicle – which was being driven too fast for the snowy road conditions. As a result of the collision, the plaintiff suffered injuries to her back and neck, and was was diagnosed with intraperitoneal damage to the incision site from her surgery. The plaintiff brought suit against the defendant driver and his father – the owner of the vehicle – alleging negligence.

The defendants denied the allegations and disputed the plaintiff’s version of the incident. The defendants maintained that the plaintiff pulled out in front of the defendant’s vehicle when it was not safe to do so and caused the accident. The defendants also disputed the nature and extent of the plaintiff’s injuries and damages, maintaining that her alleged damages were not causally related to the incident.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendants. No damages were awarded.

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